The OFFICIAL Conman Should Just Go AWOL Thread
mickeyrat
Posts: 37,895
See this would help afroannie out, I'm sure its getting harder and harder to come up with posting ideas for the other thread.
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Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
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"My existence while grotesque and incomprehensible to you, saves lives. You don't want the truth because deep down in places you don't talk about at parties, you want me on that wall. You need me on that wall."
http://www.youtube.com/watch?v=hopNAI8Pefg
As an aside, when I met Conman, I was astonished at how much he resembles Jack Nicholson. A younger Jack Nicholson, of course.
Although... now that I think about it, Conman is in a different branch of the service.
Still, he is vital.
http://www.youtube.com/watch?v=-8E8trKZGbE
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
oh and the size of the pics because i can't figure out how to shrink stuff :oops:
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
What do you mean... like laundry?
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Abrn Hlls '98 - Clarkston 2 '03 - Grd Rpds '06 - Abrn Hlls '06 - Clvd '10 - PJ20 - Berlin 1+2 '12 - Wrigley '13 - Pitt '13- buff '13- Philly 1+2 '13 - Seattle '13
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
- Christopher McCandless
it all depends on what you did, your past service record, the commanding officer giving the punishment.. it's probably all different depending on the circumstances
hmmm...I just know after high school a friend went to the army. Didn't hear the specifics, but I heard he went :crazy: and got a dishonorable discharge...
- Christopher McCandless
Unauthorized absence from the military fall under three articles of the Uniform Code of Military Justice (UCMJ): Article 85, Desertion, Article 86, AWOL, and Article 87, Missing Movement. Of the three, Desertion is the most serious offense.
Missing Movement
A military member has violated Article 87 if he/she is ordered to be on a ship or an aircraft, or deploy with a unit on a certain date and time, and then fails to show up. It doesn't matter if the member failed to show up through intention or because of neglect, but it is required that the member knew about the movement. A viable defense would be that the member missed the movement through physical inability (as long as that physical inability wasn't a result of misconduct or neglect). The possible punishment is more severe if the member missed the movement on purpose. It's not uncommon for Missing Movement to be charged in conjunction with AWOL or Desertion, depending on the circumstances.
AWOL
AWOL, or "Absent without Leave," is usually called "Unauthorized Absence" (or UA) by the Navy and Marine Corps, and AWOL by the Army and Air Force. The use of "UA" by the Navy/Marine Corps and "AWOL" by the Army/Air Force is historical. Prior to enactment of the Uniform Code of Military Justice in 1951 the services were governed by separate laws. However, its official title under the current UCMJ is "AWOL" (a rose by any other name is still a rose). It simply means not being where you are supposed to be at the time you are supposed to be there. Being late for work is a violation of Article 86. Missing a medical appointment is a violation. So is disappearing for several days (or months, or years). The maximum possible punishments, which I'll discuss later in this article, depends on the exact circumstances of the absence.
Desertion
Did you know that desertion can result in the death penalty? It's true. The maximum punishment for desertion during "time of war" is death. However, since the Civil War, only one American servicemember has ever been executed for desertion -- Private Eddie Slovik in 1945.
The offense of desertion, under Article 85 carries a much greater punishment than the offense of AWOL, under Article 86. Many people believe that if one is absent without authority for 30 days or more, the offense changes from AWOL to desertion, but that's not quite true.
The primary difference between the two offenses is "intent to remain away permanently," or if the purpose of the absence is to shirk "important duty," (such as a combat deployment).
If one intends to return to "military control" someday, one is guilty of AWOL, not desertion, even if they were away for 50 years. Conversely, if a person was absent for just one minute, and then captured, he could be convicted of desertion, if the prosecution could prove that the member intended to remain away from the military permanently.
If the intent of the absence was to "shirk important duty," such as a combat deployment, then the "intent to remain away permanently" to support a charge of desertion is not necessary. However, Such services as drill, target practice, maneuvers, and practice marches are not ordinarily "important duty." "Important duty" may include such duty as hazardous duty, duty in a combat zone, certain ship deployments, etc. Whether a duty is hazardous or a service is important depends upon the circumstances of the particular case, and is a question of fact for the court-martial to decide.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
It's actually impossible to say with total accuracy what will happen to a deserter or absent member upon return to military control. In the civilian world, in most jurisdictions, the District Attorney (DA) decides what happens when a person is accused of a crime. In the military, that decision is made by the individual commanding officer. The commander decides how to process desertion and absentee cases after examining all the circumstances of the case, speaking with the accused, and conferring with his/her senior advisors and the JAG (Judge Advocate General) office.
The commander has many options to choose from. The commander could impose Article 15 (nonjudicial punishment), possibly imposing a fine, or restriction, or correctional custody, or reduction in rank, and then allow the member to return to duty. The commander could impose an administrative discharge, usually with either a general or other-than-honorable conditions (OTHC) discharge characterization. The commander could impose Article 15 punishment, and then follow it up immediately with administrative discharge proceedings (thereby discharging the person with no stripes on his/her shoulder and/or imposing a fine so they are discharged with little or no money in their pocket). Or, the commander could refer the case to trial by court-martial. If so, the commander could choose to convene a Summery Court (highly unlikely), a Special Court, or a General Court-Martial. If the commander chooses a Summery Court, the maximum punishment is limited to confinement for 30 days, forfeiture of two-thirds pay for one month, and reduction to the lowest pay grade. If the commander convenes a Special Court, the maximum possible punishment is confinement for 12 months, forfeiture of two-thirds pay for 12 months, reduction to the lowest pay grade, and a bad conduct discharge. If the commander convenes a General Court-Martial, the maximum punishment is what is shown earlier in this article for the offenses under the section "Maximum Possible Punishments."
(1) In the vast majority of cases, if a member has a clean record otherwise, and is absence for less than 30 days and voluntarily returns, they are allowed to remain in the military. Such usually receive Article 15 punishment.
(2) If a member is absent for more than 30 days, but less than 180 days, and returns to the military voluntarily, it could go either way. If there was a "reasonable" explanation for the absence (such as severe family, financial, or emotional problems), and the commander thinks the member has future potential, the commander could elect to allow the member to remain in the military. Otherwise, an administrative discharge is the most likely scenario (possibly combined with Article 15 punishment).
(3) If the member is absent for less than 180 days, and the AWOL/desertion status is ended by apprehension, the most likely result is an administrative discharge, under other-than-honorable conditions (OTHC), probably combined with Article 15 punishment. If the member went absent in order to avoid hazardous service (such as deployment to Iraq or Afghanistan), a court-martial is the most likely scenario.
(4) If the member is absent for more than 180 days, and voluntarily returns to military control, it could go either way. Depending on the circumstances surrounding the absence and the members prior conduct and performance, the commander may decide to impose administrative discharge (possibly combined with Article 15 punishment), or refer the case to trial by court-martial. If referred to trial, assuming there are no other serious charges, the commander would likely convene a Special Court, which would limit the maximum punishment.
(5) If a member is absent for more than 180 days, and the absence is terminated by apprehension, a court-martial is the most likely scenario.
I should mention here that, assuming there are no other serious charges, in the majority of cases where desertion/AWOL is referred to trial by court-martial, the member is allowed to request "discharge in lieu of court-martial," which means they agree to accept an other-than-honorable conditions (OTHC) administrative discharge, without fighting it (i.e., waiving their right to a board hearing), in exchange for not being tried by court-martial.
Keep in mind that the above are not hard-and-fast rules. They are simply my general observations over recent years. As I mentioned earlier, the individual who makes the ultimate decision as to how military offenses are processed is the commanding officer of the unit where the member is assigned after return to military control.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Let me preface this article by saying that it is extremely unlikely that a person who has been AWOL or in desertion status would receive the MAXIMUM punishment upon return to military control, except in the most aggravating circumstances (such as if someone went AWOL and then went on a crime-spree).
In fact, the vast majority of AWOL and desertion cases are disposed of with an administrative discharge. I'll talk about "probable" punishments in the next section.
The maximum possible punishments shown below assume the member is tried by General Court-Martial, which is the most serious type of court-martials.
Article 87 - Missing Movement.
(1) If the member missed the movement on purpose: Dishonorable discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for 2 years.
(2) If the member missed the movement through neglect: Bad-conduct discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for 1 year.
Article 86 - Absent Without Leave. The maximum punishment for this offense depends on the exact circumstances of the absence:
(1) Failing to go to, or going from, the appointed place of duty (such as being late for work, leaving work early, or missing an appointment): Confinement for 1 month, reduction to the lowest enlisted grade, and forfeiture of two-thirds pay per month for 1 month.
(2) If the member is on guard or watch duty and then leaves their post without authorization, but doesn't intend to abandon the post: Confinement for 3 months, reduction to the lowest enlisted grade, and forfeiture of two-thirds pay per month for 3 months.
(3) If the member is on guard or watch duty and then leaves their post without authorization, with the intent to abandon the post:: Bad-conduct discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for 6 months.
(4) If the member is absence from their unit, organization, or other place of duty for not more than 3 days: Confinement for 1 month, reduction to the lowest enlisted grade, and forfeiture of two-thirds pay per month for 1 month.
(5) If the member is absence from their unit, organization, or other place of duty for more than 3 days but not more than 30 days: Confinement for 6 months, reduction to the lowest enlisted grade, and forfeiture of two-thirds pay per month for 6 months.
(6) If the member is absence from their unit, organization, or other place of duty for more than 30 days: Dishonorable discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for 1 year.
(7) If the member is absence from their unit, organization, or other place of duty for more than 30 days and the AWOL is terminated by apprehension: Dishonorable discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for 18 months.
(8) If the member goes AWOL with the intent to avoid field exercises or maneuvers: Bad-conduct discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for 6 months.
Article 85 - Desertion. This is the most serious of the absentee offenses. Remember the primary difference between AWOL and desertion is intent to remain away from the military permanently.
(1) If a member deserted, but voluntarily returned to military control: Dishonorable discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for 2 years.
(2) If the member deserted and the desertion was terminated by apprehension: Dishonorable discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for 3 years.
(3) If the member deserted with the intent to avoid hazardous duty or to shirk important service (and example of this would be a member ordered to deploy to Iraq and then deserts to avoid the deployment): Dishonorable discharge, forfeiture of all pay and allowances, reduction to the lowest enlisted grade, and confinement for 5 years.
(4) If the member deserts during time of war: Death or such other punishment (such as life in prison) as a court-martial may direct.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
"..That's One Happy Fuckin Ghost.."
“..That came up on the Pillow Case...This is for the Greek, With Our Apologies.....”
my friend went to boot camp
suddenly he was back
then he disappeared
nobody heard from him again
even his parents
- Christopher McCandless
Your friend failed to complete boot camp, the "pre-school" of the military and then went AWOL? What he doesn't know is that when you're a trainee you can be out processed with relative ease. No one cares about some accomplished-nothing trainee who skipped out. There are bigger fish to fry.